Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)

Citation: Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Parent Document: Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Jurisdiction: Missouri (state)
Effective Date: 2002-11-21
Original Source: https://www.courtlistener.com/opinion/1890960/rathbun-v-cato-corp/ ↗

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Here, Lessor argues that the trial court apparently relied on the testimony in question in finding that Sutherland’s and Consumers are not similar type businesses in the fair and ordinary sense of their operations. To the contrary, the same witness testified, without objection, that (1) female shoppers are more important to Lessee’s business than male shoppers; (2) Lessee has to have the foot traffic generated by grocery stores and discount stores since they bring female shoppers to shopping centers; (3) Wal-Mart and Consumers provide the traffic it needs in a shopping center; and (4) Lessee was led to this location by his observation of the traffic going into Consumers. Additionally, the record includes the testimony of Lessor’s witnesses that (1) Consumers and Sutherland’s are “similar to a point,” and to “a degree”; (2) Sutherland’s isn’t really a market, it is a home improvement store, and they are different in that respect; and (3) the parties intended that the major anchor tenants would be Wal-Mart and Consumers to the exclusion of all others. The record contains sufficient and competent evidence to support the trial court’s findings. Point five is denied.

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